4 ms·

The idea that a company can "prohibit" anyone from using a part of the law is the real red flag here.

• tikhonj 14y ago
  Of course they aren't actually prohibiting anything. Rather, they're just saying that they won't sell you anything unless you promise not to start a class-action lawsuit. They're basically acting like the little kid who owns the ball everybody's playing with: it's his rules or the highway. But that is still different from actively stopping people from doing things. Even so, it's pretty horrible and I would love this to be unenforceable. Meanwhile I'll just use Linux, thank you very much.
  • _delirium 14y ago
    That's true, they aren't prohibiting anybody who has no commercial interaction with them. But in many legal systems, commercial interactions are held to always, and irrevocably, operate within the background legal framework. So you can agree on a contract, but you can't agree, in the contract, that the law of contracts doesn't apply to the contract, because the law of contracts always applies to contracts. Which then includes all the usual legal rights, such as the right to sue for breach of contract, to bring a class-action suit, etc.